Ethics and professional medical opinion and Guardianship and Administration legislation.

摘要

The article by Bennett and Hallen raises important issues regarding the operation of the Victorian Civil and Administrative Tribunal (VCAT) and the guardianship process of concern. There are several additional points worth emphasizing:1 The only issue relevant to capacity assessment is capacity assessment, not cognitive, disability or tribunal's assessment. Neuropsychological assessments are often used to show disability, often to counter expert medical capacity assessment even though it must be remembered that neuropsychological assessment tests ability and disability, not capacity. Capacity can only be determined by a full clinical appraisal of the person/patient that includes an assessment of the person's physical and emotional condition at the time of the capacity assessment. This is the role of the experienced clinician, not the neuropsychologist, a tribunal member or a guardian, who have no training in clinical decision-making and medical assessment.